19 Usc 1332

19 USC 1332 (Investigations).pdf

Wood Flooring and Hardwood Plywood: Competitive Conditions Affecting the U.S. Industries

19 USC 1332

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[CITE: 19USC1332]

TITLE 19--CUSTOMS DUTIES
CHAPTER 4--TARIFF ACT OF 1930
SUBTITLE II--SPECIAL PROVISIONS
Part II--United States International Trade Commission
Sec. 1332. Investigations

(a) Investigations and reports
It shall be the duty of the commission to investigate the
administration and fiscal and industrial effects of the customs laws of
this country, the relations between the rates of duty on raw materials
and finished or partly finished products, the effects of ad valorem and
specific duties and of compound specific and ad valorem duties, all
questions relative to the arrangement of schedules and classification
of articles in the several schedules of the customs law, and, in
general, to investigate the operation of customs laws, including their
relation to the Federal revenues, their effect upon the industries and
labor of the country, and to submit reports of its investigations as
hereafter provided.
(b) Investigations of tariff relations
The commission shall have power to investigate the tariff relations
between the United States and foreign countries, commercial treaties,
preferential provisions, economic alliances, the effect of export
bounties and preferential transportation rates, the volume of
importations compared with domestic production and consumption, and
conditions, causes, and effects relating to competition of foreign
industries with those of the United States, including dumping and cost
of production.
(c) Investigation of Paris Economy Pact
The commission shall have power to investigate the Paris Economy
Pact and similar organizations and arrangements in Europe.
(d) Information for President and Congress
In order that the President and the Congress may secure information
and assistance, it shall be the duty of the commission to-(1) Ascertain conversion costs and costs of production in the
principal growing, producing, or manufacturing centers of the United
States of articles of the United States, whenever in the opinion of the
commission it is practicable;

(2) Ascertain conversion costs and costs of production in the
principal growing, producing, or manufacturing centers of foreign
countries of articles imported into the United States, whenever in
the opinion of the commission such conversion costs or costs of
production are necessary for comparison with conversion costs or
costs of production in the United States and can be reasonably
ascertained;
(3) Select and describe articles which are representative of
the classes or kinds of articles imported into the United States and
which are similar to or comparable with articles of the United States;
select and describe articles of the United States similar to or
comparable with such imported articles; and obtain and file samples of
articles so selected, whenever the commission deems it advisable;
(4) Ascertain import costs of such representative articles so
selected;
(5) Ascertain the grower's, producer's, or manufacturer's
selling prices in the principal growing, producing, or manufacturing
centers of the United States of the articles of the United States so
selected; and
(6) Ascertain all other facts which will show the differences
in or which affect competition between articles of the United States
and imported articles in the principal markets of the United States.
(e) Definitions
When used in this subdivision and in subdivision (d) of this
section-(1) The term ``article'' includes any commodity, whether grown,
produced, fabricated, manipulated, or manufactured;
(2) The term ``import cost'' means the transaction value of the
imported merchandise determined in accordance with section 1401a(b) of
this title plus, when not included in the transaction value, all
necessary expenses, exclusive of customs duties, of bringing such
merchandise to the United States.
(f) Omitted
(g) Reports to President and Congress
The commission shall put at the disposal of the President of the
United States, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate, whenever
requested, all information at its command, and shall make such
investigations and reports as may be requested by the President or by
either of said committees or by either branch of the Congress. However,
the Commission may not release information which the Commission
considers to be confidential business information unless the party
submitting the confidential business information had notice, at the
time of submission, that such information would be released by the
Commission, or such party subsequently consents to the release of the
information. The Commission shall report to Congress on the first
Monday of December of each year after June 17, 1930, a statement of the
methods adopted and all expenses incurred, a summary of all reports
made during the year, and a list of all votes taken by the commission
during the year, showing those commissioners voting in the affirmative
and the negative on each vote and those commissioners not voting on
each vote and the reasons for not voting. Each such annual report shall

include a list of all complaints filed under section 1337 of this title
during the year for which such report is being made, the date on which
each such complaint was filed, and the action taken thereon, and the
status of all investigations conducted by the commission under such
section during such year and the date on which each such investigation
was commenced.
(June 17, 1930, ch. 497, title III, Sec. 332, 46 Stat. 698; Pub. L. 93618, title I, Sec. 173, title III, Sec. 341(b), Jan. 3, 1975, 88 Stat.
2010, 2056; Pub. L. 96-39, title II, Sec. 202(a)(1), July 26, 1979, 93
Stat. 201; Pub. L. 100-418, title I, Sec. 1613, Aug. 23, 1988, 102
Stat. 1262; Pub. L. 100-647, title IX, Sec. 9001(a)(16), Nov. 10, 1988,
102 Stat. 3808.)
References in Text
The customs laws, referred to in subsec. (a), are classified
generally to this title.
Codification
Subsection (f) directed the Tariff Commission to ascertain the cost
of crude petroleum during three years preceding 1930.

Prior Provisions
Provisions similar to subsections (a), (b), and (g) of this section
were contained in act Sept. 8, 1916, ch. 463, Secs. 702 to 704, 39
Stat. 796. Those sections were superseded by section 332 of act June
17, 1930, comprising this section.
Provisions similar to those in subdivision (c) of this section were
contained in act Sept. 8, 1916, ch. 463, Sec. 708, 39 Stat. 798. That
section was superseded by section 332 of act June 17, 1930, comprising
this section.
Provisions similar to subdivisions (d) and (e) of this section were
contained in act Sept. 21, 1922, ch. 356, title III, Sec. 318, 42 Stat.
947. Section 318 of act 1922 was superseded by section 332 of act June
17, 1930, comprising this section, and repealed by section 651(a)(1) of
said 1930 act.
Act Oct. 3, 1913, ch. 16, Sec. IV, R, 38 Stat. 201, directed
President to ascertain certain facts and report to Congress when
imports amounted to less than 5 per centum of domestic consumption,
prior to repeal by act Sept. 21, 1922, ch. 356, title III, Sec. 321, 42
Stat. 947.

Amendments
1988--Subsec. (g). Pub. L. 100-647 substituted ``report to Congress
on the first'' for ``report to Congress. on the first''.
Pub. L. 100-418 substituted ``. However, the Commission may not
release information which the Commission considers to be confidential
business information unless the party submitting the confidential
business information had notice, at the time of submission, that such
information would be released by the Commission, or such party
subsequently consents to the release of the information. The Commission

shall report to Congress.'' for ``, and shall report to Congress''.
1979--Subsec. (e)(2). Pub. L. 96-39 substituted ``the transaction
value of the imported merchandise determined in accordance with section
1401a(b) of this title plus, when not included in the transaction
value, all necessary expenses, exclusive of customs duties, of bringing
such merchandise to the United States'' for ``the price at which an
article is freely offered for sale in the ordinary course of trade in
the usual wholesale quantities for exportation to the United States
plus, when not included in such price, all necessary expenses,
exclusive of customs duties, of bringing such imported article to the
United States''.
1975--Subsec. (g). Pub. L. 93-618 substituted ``a summary of all
reports made during the year, and a list of all votes taken by the
commission during the year, showing those commissioners voting in the
affirmative and the negative on each vote and those commissioners not
voting on each vote and the reasons for not voting'' for ``and a
summary of all reports made during the year'', and inserted last
sentence relating to complaints included in annual reports.

Effective Date of 1988 Amendment
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.

Effective Date of 1979 Amendment
Amendment by Pub. L. 96-39 effective July 1, 1980, see section
204(a) of Pub. L. 96-39, set out as a note under section 1401a of this
title.

Effective Date of 1975 Amendment
Amendment by Pub. L. 93-618 effective on 90th day after Jan. 3,
1975, see section 341(c) of Pub. L. 93-618, set out as a note under
section 1337 of this title.

Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(g) of this section relating to an annual report to Congress on the
first Monday of December of each year, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money
and Finance, and page 194 of House Document No. 103-7.
Delegation of Functions
Functions of President under subsec. (g) of this section regarding
reports by United States International Trade Commission to President
delegated to United States Trade Representative, see section 5-301 of
Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under
section 2901 of this title.

Continuation of Reports With Respect to Synthetic Organic Chemicals
Pub. L. 95-106, Sec. 5, Aug. 17, 1977, 91 Stat. 869, directed
International Trade Commission to make, for each calendar year ending
before Jan. 1, 1981, reports with respect to synthetic organic
chemicals similar in scope to reports made with respect to such
chemicals for calendar year 1976.

Review of Customs Tariff Schedules
Act Sept. 1, 1954, ch. 1213, title I, Sec. 101, 68 Stat. 1136, as
amended Aug. 2, 1956, ch. 894, 70 Stat. 955; May 19, 1958, Pub. L. 85418, Sec. 3, 72 Stat. 120, provided for a complete study by the Tariff
Commission for the purpose of clarifying and simplifying the tariff
classification, with a report to go to the President and to the
chairmen of the appropriate committees of Congress no later than Jan.
1, 1959. See section 1332 of this title.


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